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Understanding Direct and Indirect Assault

1. There is no indirect assault if there is no direct assault based on the "Golden Rule." For example, if a suspect kicked a civilian who was helping a police officer put the suspect in a police car, there is no crime of indirect assault because the police officer was not a victim of direct assault. 2. If a private citizen comes to the aid of a person in authority, like a judge, and is assaulted, it is considered a direct assault because the private citizen becomes an agent of the person in authority in that situation. 3. In the example of a police officer attempting an arrest and being attacked, while a private citizen who helped was also attacked, it would be considered a direct assault

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Virgilio Voloso
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454 views2 pages

Understanding Direct and Indirect Assault

1. There is no indirect assault if there is no direct assault based on the "Golden Rule." For example, if a suspect kicked a civilian who was helping a police officer put the suspect in a police car, there is no crime of indirect assault because the police officer was not a victim of direct assault. 2. If a private citizen comes to the aid of a person in authority, like a judge, and is assaulted, it is considered a direct assault because the private citizen becomes an agent of the person in authority in that situation. 3. In the example of a police officer attempting an arrest and being attacked, while a private citizen who helped was also attacked, it would be considered a direct assault

Uploaded by

Virgilio Voloso
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© © All Rights Reserved
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GOLDEN RULE:

" NO DIRECT ASSAULT, NO INDIRECT ASSAULT" ibig sabihin kung walang direct assault
walang indirect assault.

Example;
Is
● A, a policeman, is having a hard time pushing X, a suspect, inside a police car because the
suspect is pulling back. C, a civilian came to help put X inside the car. X, however, kicked C. Is
there a crime of indirect assault?

The answer is No, dahil si A ang pulis ay hindi biktima ng Direct assault ni X, etong si C na
sibilyan naman na tumulong kay A na pulis upang ipasok si X sa loob ng mobil car ay sinipa ni
X dahilan ng pagbagsak nito sa lupa sya ba ay biktima ng indirect assault? The answer is No,
bakit? Anung sabi sa Golden rule???, kung walang direct assault walang indirect assault.
Maaring physical injury dipende sa natamong pinsala ni C.

2. The offended party comes to the aid of said agent of a person in authority;
Example No.1
¶ inside the court, the judge was attacked by the losing litigant. A private citizen protected the
judge and he was also attacked. The question is, is there indirect assault committed??? The
Answer is NO.

● A private person who comes to the aid of a person in authority (PIA) is now an agent of a
person in authority. If such private person is himself assaulted while coming to the aid of a
person in authority, DIRECT ASSAULT upon an agent of a person in authority is committed.
Ibig sabihin si person in authority na si (JUDGE) sa loob ng korte, sya ay inatake ng litigante
ang taong nasasakdal. ng biglang may private citizen na tumulong kay judge at ito rin ay inatake
ng litigante, Ang ginawa ng litigante kay Judge ay DIRECT ASSAULT. Paano naman si private
citizen? Ano ang na commit ni litigante sakanya??? Ang sagot ay DIRECT ASSAULT Din.
A private person who comes to the aid of a person in authority (PIA) is now an agent of a
person in authority.

Ibig sabihin ang sino mang pribadong tao na tumulong sa person in authority tulad ni Huwes sa
sitwasyong may panganib ay magiging agent of a person in authority nito at ang magiging atake
sakanya ay magiging DIRECT ASSAULT din. bali 2 counts nang direct assault ang ikakaso kay
litigante. Walang INDIRECT ASSAULT na commit dito dahil naging Agent of person in authority
sya nung tinulungan nya ang person in authority.

Example No.2

The police officer was trying to arrest the suspect and he was attacked.
A private citizen helped the police and he was also attacked by the suspect.
TANONG; may Direct assault ba na ngyare sa Pulis?
SAGOT. ; Oo, Direct assault.

TANONG; Ano naman kay pribadong Citizen? Direct assault din ba???
SAGOT; Hindi, INDIRECT ASSAULT naman sakanya.

Bakit? Ganito yan, kasi ang kanyang tinulungan ay isang Pulis na isang AGENT OF A PERSON
IN AUTHORITY at hindi PERSON IN AUTHORITY gaya ng nabanggit sa unang Halimbawa..
So ang kaso ni suspect ay isang DIRECT ASSAULT at isang INDIRECT ASSAULT.

3. Offender uses force or intimidation upon the said offended party Ang may sala ay gumamit ng
pwersa o di kaya'y pananakot sa biktima.

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